"Every official sitting on every chair will have to do their job," a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva observed when Delhi government senior standing counsel Rahul Mehra said it cannot take action against the bureaucrats as such a step would be declared null and void by the Centre.
"If a particular officer is not functioning or complying with our directions, bring it to our notice and we will take care of it," the bench said.
"What do you mean not willing? If an officer does not listen, throw them out," the bench said and added that if an official is not going to work, "let him resign".
Thereafter, the government told the court that S S Gill, special secretary of department of urban development, would take up the job that was earlier being done by the official who had gone on leave.
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The bench said that due to "decades of laxity (in implementing the law), we are suffering today" and noted that neither the Delhi government, nor the Centre was interested in taking concrete steps with regard to air pollution.
The High Court also lambasted the Delhi government and the Centre, saying "if you cannot govern, tell the people that you cannot govern. Do we tell you that we cannot deliver judgements due to some compulsion? If you do not comply with our orders, we would be compelled to take recourse to Contempt of Court Act and then you cry hoarse against the same.."
It also said the "judiciary was not interested in getting brownie points. We are not contesting elections. We are not going to ask people for votes. We want law and justice to prevail. However, when we do this, there are news reports which say courts are over active."